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HB 0887 - Wireless Industry Preemption of Local Management of Public Right of Way
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Tracking Level: Oppose
Sponsor: Jay Powell
Last Action: 3/27/2018 - Senate Passed/Adopted By Substitute
House Committee: Ways and Means
Senate Committee: Regulated Industries and Utilities
Assigned To:
Business and Occupation TaxNext Bill
Economic DevelopmentNext Bill
Emergency Management/PreparednessNext Bill
Eminent Domain/CondemnationNext Bill
Franchise FeesNext Bill
Larry RamseyNext Bill
RoadsNext Bill
Sales Tax-LocalNext Bill
Todd EdwardsNext Bill

Staff Analysis of the Legislation

While this bill began, constructively, as a rural broadband bill, the Senate Regulated Industries Committee stripped and replaced it with the language of SB 426.  This wireless industry legislation guarantees authorization for wireless providers to construct and place poles (50' high), antennas (up to 6 cubic feet in volume and 10' higher than poles), equipment boxes (up to 25 cubic feet in volume), plus up to 4 cabinets (undefined size) and other infrastructure in county and city right of way (ROW).  Local government management of the above is all but entirely usurped; the grounds by which applications can be denied are few; denials are primed to result in litigation; and then locals are set up to lose.  

ACCG has attempted to work with the wireless providers, legislators and other stakeholders since last year to try to incorporate safeguards into the legislation.  While some of our recommendations were made, most of these "concessions" are so wrought with legal loopholes that their purported purpose has been nullified. 

For ACCG's concerns with (and suggestions for) this bill and SB 426, please click here.  

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text

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